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Is Someone Ever Able to Get a Confession Thrown Out?

A confession can be thrown out in certain circumstances as part of a motion to suppress. What we’re asking for is that any observations after the illegal stop such as physical evidence seized, including chemical tests, or statements that our client has made, observations of client, such as symptoms of intoxication, or field sobriety testing all be thrown out in our motion paperwork. A confession or a statement such as what someone had to drink, where they were, and whether they were the driver, and if the officer didn’t see who was driving the car, all these things can and should be considered evidence to be suppressed.

A motion to suppress would help almost any criminal case. Obviously, if we win the motion and the case goes away or some of the charges go away then that’s huge and that’s the goal. What can often happen in a motion to suppress, and typically the client is there with me as the defense attorney sitting at counsel table, observing the prosecution, observing the police officer or officers who’re on the stand or witnesses and they get to see what the state’s case looks like. They can see strengths and weaknesses in it and that can actually help the client who has the final decision in whether or not they want to take the case to a jury trial. It helps to see more of the case; it helps to see how the other side would present the case and how the witnesses for the other side come across. That may make it more likely that we go to a jury trial or less likely. So that can help a lot in a number of ways how a motion to suppress can help. Obviously, we can also find out things in a motion to suppress that are not in the police report, that are not in the video or audio, and those facts can help us in defense of the case.

For more information on Getting a Confession Thrown Out, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.